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Terms and Conditions

 

This Clickplay platform (the "Platform") is operated by Clickplay Multimedia Philippines Corporation. Your access to the Platform is governed by these Terms and Conditions of Use ("Terms of Use") and your use of the Platform constitutes your agreement to these Terms of Use. The Platform is designed to provide registered members with access to video on demand services.

Video on Demand Services

  1. There are three ways in which you may access movies, television shows and other video content ("Video Content") via the Platform: Rent, Buy and Subscribe. The details of these three types of services (each a "Service", collectively the "Services") are set out below:
    1. STREAM One way of watching the contents in Clickplay is via streaming. You may watch the Content via streaming as many times as you like within 48 hours from the time you started watching the content, as notified to you on the Frequently Asked Questions (FAQ). There may be restrictions on the number of devices you may use to view the Rental Content as notified to you on the Frequently Asked Questions (FAQ).
    2. DOWNLOAD: Another way of watching the contents in Clickplay is via downloading. Once you have downloaded such content, you may watch the Downloaded Content as many times as you like within 48 hours from the time you started watching the downloaded content, as notified to you on the Frequently Asked Questions (FAQ). There may be restrictions on the number of devices you may use to view the Purchased Content as notified to you on the Frequently Asked Questions (FAQ).– Additional Restriction: You may only use one device to watch the Purchased Content and such Purchased Content may not be copied or transferred to another device as it will be rendered unplayable.
    3. SUBSCRIBE: We also offer monthly subscriptions to our Services. Once you pay the applicable subscription fee depending on the package, as specified on the Platform, you will be able to stream Video Content via the Platform ("Subscription Content"). There may be restrictions on how many devices you may use to stream the Video Content at any one time as notified to you on the Frequently Asked Questions (FAQ). Please note that there are videos that may be available via Rent or Purchase but is not available on Subscription especially newly released ones referred to as premium content.
  1. From time to time we may make Video Content available to you free of charge ("Free Content"). The terms and conditions applicable to such Free Content will be notified to you on the Promotion Page.
  2. Video Content may only be accessed using certain compatible devices as specified in the tutorial available at: http://clickplay.ph/help. The Compatible Devices may vary depending on the particular Service you use and may change over time. You should refer to our tutorial for an up to date list of Compatible Devices.
  3. In order to access our Services, you will be required to register your Compatible Devices with us. There may be restrictions on how many Compatible Devices you may register with us at any one time as well as how many Compatible Devices you may register in a 12 month period, as specified on the Clickplay platform / website.
  4. We may automatically remove or render unplayable any Video Content from your Compatible Devices upon expiry of the applicable viewing period.
  5. We may modify, replace or withdraw the Video Content available on the Platform as well as the types of Compatible Devices, from time to time. We make no representation as to the availability of certain Video Content, the amount of Video Content available on the Platform or the suitability of a particular device to access or view Video Content. We may discontinue, modify or suspend all or part of our Services at any time without notice and without any liability to you whatsoever.
  6. Sometimes, for reasons outside our control, you may be unable to download or stream purchased Video Content or your downloading/streaming of Video Content may be interrupted. In such event, you should contact our customer services team at: customercare@clickplay.ph.

Registration and payment

  1. You will be required to register with us in order to access our Services. You warrant that all information provided to us in connection with your registration is accurate, complete and truthful. You agree to maintain and update the information provided to us to ensure it is current and accurate. You may update your information in the My Account page of the Platform or by calling out customer service team. We reserve the right to deny your application for registration in our sole discretion for any reason.
  2. You are responsible for keeping your log-in and password details confidential. You must notify us immediately in the event of any unauthorized access to your account. We are not liable for any unauthorized activity that occurs in your account.
  3. You may only log-in to the Platform using your account once at any specific time. Logging in to different devices simultaneously will cause the other logged in devices to log out and stop any video currently being streamed, downloaded, or played.
  4. All Services must be paid for in advance. You may pay for our Services using approved credit cards (Visa and MasterCard), PayPal, charge to your network carrier’s billing, or a pre-paid card which may be purchased online or in selected stores ("Pre-paid Card"). Pre-paid Cards will be subject to a validity period as specified on the Pre-paid Card. All unused Pre-paid Card credit will automatically expire at the end of the validity period. If you top-up your Pre-paid Card credit before the expiry of the validity period, the validity period for all unused credit will not be automatically extended. Under no circumstances shall we be liable to refund any unused Pre-paid Card credit or exchange any Pre-paid Card credit for cash.
  5. We reserve the right to change the fees applicable to any of our Services, or the method of payment for the Services, at any time by posting such information on the Platform.
  6. Subscriptions to Clickplay videos may be cancelled at any time by the subscribers but Clickplay will not be liable to refund any unused credits or unwatched videos brought about by the cancellation.
  7. Except as required by law, you will not be entitled to any credit or refund for any Video Content purchased/rented from us.

Video on Demand Usage Rules

  1. You must comply with the following Video on Demand Usage Rules (the "Usage Rules") when accessing the Services via the Platform. By downloading or streaming Video Content from the Platform, you agree:
    1. not to, and not to permit another person to, show, use, play, broadcast, transmit or view the Video Content for public or commercial purposes.
    2. not to, and not to permit another person to, copy, sell, rent or distribute Video Content or otherwise use Video Content in a way which infringes the copyright or other intellectual property rights of a third party.
    3. not to circumvent, tamper with, decompile, disassemble ore reverse engineer any digital rights management software or any other software used in connection with the Platform.
    4. not to use the Video Content for any illegal purpose.
  2. You acknowledge that your use of Video Content may be subject to specific terms set by our content providers or ourselves, including without limitation in respect of the maximum number of: (i) devices that may be registered to access the Video Content; (ii) simultaneous instances of playback; (iii) simultaneous log-ins to the Platform using your account; and (iv) viewing period ("Additional Conditions"). These Additional Conditions will be communicated to you on the Frequently Asked Questions (FAQ) and are incorporated into these Terms of Use. You agree to comply with any Additional Conditions which apply to Video Content that you access. To the extent that there is any inconsistency between these Terms of Use and the Additional Conditions, the Additional Conditions shall prevail.

Restrictions on Use of the Platform

  1. You must not do (or attempt to do) any of the following acts, nor assist others to do any of the following acts:
    1. use the Platform for any activities which breach any applicable laws or infringe the rights of any third party.
    2. knowingly transmit any viruses or other computer programs that may damage or interfere with the Platform.
    3. use the Platform to transmit unsolicited electronic messages.
    4. use the Platform to transmit or post information or material which defames, abuses or harasses any third party or which is offensive, hateful or vulgar.
    5. tamper with, hinder or modify the Platform in any manner.
    6. impersonate any person while using the Platform or the Services.

Intellectual Property Rights

  1. All intellectual property rights relating to this Platform (including without limitation the content, data, layout and design, video, graphics, text, images, software, database, applications and underlying source code) are protected by copyright, and are owned by us or our licensors, unless otherwise specified.
  2. We grant you a non-exclusive, royalty-free, nationwide, revocable licence to use and access this Platform solely in accordance with these Terms of Use.
  3. Upon payment of the relevant fees (as specified on the Platform), we grant you a non-exclusive, royalty-free, nationwide, revocable licence to use and access the relevant Video Content in accordance with the Usage Rules and any applicable Additional Conditions. Such licence is subject to your compliance with these Terms of Use, the Usage Rules, Additional Conditions and any applicable laws. Where Free Content is made available to you, we grant you a non-exclusive, royalty-free, world-wide, revocable licence to use and access the relevant Free Content in accordance with the Usage Rules and any applicable Additional Conditions.
  4. Clickplay is a registered trade mark of Clickplay Multimedia Philippines Corporation. All other trade marks that appear on the Platform are owned by us or our licensors, unless otherwise specified.
  5. You may not reproduce, transmit, copy, distribute, modify, link, display, use, transfer or sell any content of this Platform (including without limitation videos, text, graphics, software, names, trade marks and logos), or use any such content for commercial purposes, except as set out in these Terms of Use, without our prior written consent.

Software

  1. The Services will only operate using the Clickplay software ("Software") which may be downloaded from the Platform such as Clickplay website, Samsung App Store, Apple App Store, Windows Phone Store, and Google Play Store. The terms and conditions applicable to such Software will be notified to you at the time of installation. You agree to comply with any such terms and conditions when using the Software.

Age restrictions

  1. Registration for the Services is only available to persons 18 years or older. Persons under 18 may only access the Services using the account of, and under the supervision of, their parent or legal guardian. Some Video Content may not be appropriate for viewing by minors and you agree that you are solely responsible for determining whether it is appropriate to show Video Content to a minor. We disclaim all liability relating to the viewing of Video Content by minors, including without limitation the viewing of inappropriate or obscene Video Content by such persons.

Geographical restrictions

  1. Unless otherwise specified, the materials on this Platform are directed solely at those who access this Platform from the Philippines. Some Video Content may not be available for use by persons in both jurisdictions, as specified on the Frequently Asked Questions (FAQ). We make no representation that any information, product or service referred to in the materials on this Platform is appropriate for use, or available, in other locations. Those who choose to access this Platform from other locations are responsible for compliance with any applicable local laws and we disclaim all liability relating to con-compliance with such applicable laws.

Notice and Disclaimer

  1. We have used all reasonable care and skill in compiling the content of this Platform but to the extent permitted by law, make no warranty as to the suitability, accuracy, completeness or reliability of any information or Video Content on this Platform for any purpose. We shall not be liable for any errors or omissions in any material or Video Content on the Platform. To the extent permissible by law, we disclaim all warranties, conditions and liability with regard to information, material or Video Content contained on the Platform, including any implied warranty of merchantability or fitness for a specific purpose. We make no warranty or representation regarding your access to the Platform or any Video Content, and disclaim all liability relating thereto, including without limitation: (i) that your access to the Platform and/or any Video Content will be uninterrupted and error-free; (ii) that the Video Content streamed or available for download via the Platform shall be of a certain quality or resolution; (iii) that particular Video Content will be available for the entire duration of your subscription; (iv) that the Platform and/or server is free from viruses or harmful components; (v) that any defects will be corrected; and (vi) that the Services and/or the Platform will be free from corruption, loss or security intrusion.
  2. Under no circumstances shall we be liable for any loss, cost or expense (whether direct, indirect, special or consequential) arising from your use or inability to use or access the Platform, Video Content or any information or material posted on the Platform. Under no circumstances shall we be liable for risk of loss of Video Content downloaded or streamed via the Platform. We will not be under an obligation to replace or refund your purchase of any Video Content once it has been successfully streamed or downloaded, including without limitation where you are unable to play such content or such content is lost/corrupted.
  3. We do not exercise editorial control over any Video Content and under no circumstances shall we be liable for any Video Content that you find offensive or objectionable. The ratings information and product description posted on the movie description is for your convenience only and we make no representations or warranties in respect of the accuracy or suitability of such information or any Video Content.

Indemnity

  1. You agree to indemnify and hold us harmless from and against any and all claims, actions, demands, damages, liabilities, costs or expenses (whether in tort or contract, including without limitation negligence) arising out of or in connection with your use or inability to use of the Platform or Video Content (including without limitation those third parties you authorize to use the Platform and/or access the Services using your account), or your breach of these Terms of Use or applicable Additional Conditions.

Third Party Links

  1. The Platform may contain links to third party websites or advertising or other material submitted by third parties. It is the responsibility of these third parties to ensure that such content and such websites and materials comply with all relevant laws and regulations. We make no representation or warranty in respect of such third party websites or materials and disclaim any and all liability in connection with such third party material and websites.

Social media

  1. The Platform contains a function enabling you to connect your account to various social media websites. You should be aware that in doing so, people may be able to see that you are a Clickplay member and may be able to view information about the Video Content you have watched and other information relating to your use of the Services. You should refer to the privacy settings and terms and conditions of the relevant social media website(s) for information about how your information may be shared on such website(s).

Privacy

  1. Except where otherwise specifically stated, all personal information collected by us shall be used in accordance with our Privacy Policy and the Personal Information Collection Statement notified to you when your personal data was collected.

Termination

  1. We may terminate these Terms of Use, your use of the Platform or your account and ability to access Video Content and/or the Services at any time without liability and without notice if you breach these Terms of Use, Additional Conditions or any applicable law.

Governing Law and Jurisdiction

  1. These Terms of Use are governed by and construed in accordance with Laws of the Philippines. Any disputes arising from these Terms of Use shall be subject to the jurisdiction of the Philippine Courts.

Amendments

  1. We reserve the right to change these Terms of Use (including without limitation the Usage Rules) at any time, by posting the amended Terms of Use on the Platform. Your use of the Platform and/or access to Video Content following such amendments shall constitute your agreement to such Terms of Use as amended.
  2. Additional Conditions may be amended by our licensors from time to time and we reserve the right to pass on such changes to you, or make our own changes to the Additional Conditions, at any time by posting the amended Additional Conditions on the Updated Terms and Conditions of Use. Your use/access of the Video Content following such amendments shall constitute your agreement to such Additional Conditions as amended.

General

  1. If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.
  2. If we do not act in relation to a breach of these Terms of Use or any Additional Conditions by you, this does not waive our right to take action with respect of similar breaches in the future.
  3. All rights not expressly granted herein are reserved by us.